New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 93

93 Transmission on death of proprietor

(1) Upon the death of a registered proprietor, the executor, administrator or other person claiming consequent upon the death, will or intestacy of that deceased proprietor, or otherwise, to be entitled to be registered as proprietor may apply in the approved form to the Registrar-General to be registered as proprietor of all or part of the estate or interest of that deceased proprietor.

(2) An application under subsection (1) shall be--

(a) supported by such evidence as the Registrar-General may require, and

(b) accompanied by the consent of the executor or administrator of the deceased proprietor where the applicant claims otherwise than as executor, administrator or trustee unless the Registrar-General thinks fit to dispense with that consent.

(3) The Registrar-General, on being satisfied that an applicant under subsection (1) is entitled to the estate or interest claimed in the application, shall record the applicant in the Register as proprietor of that estate or interest.

(4) Where, pursuant to an application under subsection (1), a person is registered as proprietor with the consent of another person given under subsection (2) (b), the person who has given the consent shall, for the purposes of section 129 (2) (f), be deemed to have become, immediately before registration of the applicant as proprietor, registered as proprietor of the land specified in the application and to have transferred that land to the applicant.